Hello Jason and thaks for all that you do. It's been a while for me since i visited this online community of warriors!
Thanks for posting that order.
Desperately in need of advice and or guidance. (Marine Infantryman)
Here is my story and dilema.
Got shot in Iraq in 06, by sniper. still have bullet ludged in my torso. Have had 2 surgries and still having problems.
Last year I was refered to PEB. My findings came back in January with UNFIT @10%.
And of course I refused the severance pay and file an apeal. My FPEB is going in April and I am just confused. With 11 years in the Corps I'd rather stay in and finish my retirement, but if the board is going to find me UNFIT, how can they just send me out to society with nothing and a wife and 2 kids. I was a career Marine who got injured in the line of duty, me and my family have to live with this for the rest of our lives and I do not know what is going to come of that bullet in the future. Not to mention all the other problems I have in that shoulder. Please J, I just want to know if I have a chance geeting a higher %, at least 30% to ensure my family is good to go. Thanks again for all that you continue to do. May God continue to bless you and yours.
What limitations do you have? As Mike asked, knowing what code they rated you under would tell a lot. But, I also suspect that there may be other rating available. For example, if they only rated your shoulder, but you in fact have problems with breathing, or nerve damage, or psychiatric disabilities, these may add up to an additional basis for rating that could get you to 30%. If you do have additional injuries, but they were not properly addressed, you may want to look at gathering additional evidence (this may be medical evidence, or perhaps getting an updated Commander's letter/Non-medical Assessment). Have you spoken with your JAG? Attorneys are given access to the worksheet/rating card that the IPEB uses to make notes on their reasoning for findings. Knowing what is in that can be very helpful.
Do you think that you might want to continue to serve in a Permanent Limited Duty Status? An interesting (but as of yet untested) legal issue is how the changes in DoDI 1332.38 (as directed by the DoD Policy Memo Implementing 2008 NDAA) regarding continuation in service after a fit finding impact the services processing of these cases. I do not know if your disabilities would allow for this (or if this is something that would interest you). However, I mention it as it may be worth exploring.
I hope all goes well for you at your Formal hearing.